1. Is the compelled disclosure of a memorized passcode to unlock a cell phone a testimonial act protected by the Fifth Amendment right against self-incrimination, and if so, should the disclosure be compelled under the “foregone conclusion” doctrine developed in Fisher v. United States, 425 U.S. 391 (1976)?

2. If the “foregone conclusion” doctrine applies to the compelled disclosure of a cellphone passcode, in order to satisfy that doctrine, must the government demonstrate that it knows that the password exists, and that the defendant knows the password, or instead must the government demonstrate that it knows of the identity and contents of the specific files and items that it seeks on the cell phone?